Regarding the settlement of land use rights dispute between Ms. Vo Thi Thuoc and Mr. Dinh Van Hanh (Nhan Son, Do Luong)
(Baonghean) - Mr. Vo Huu Sau (Hamlet 4, Nhan Son Commune, Do Luong District) was authorized by Ms. Vo Thi Thuoc to resolve the dispute over land use rights with Mr. Dinh Van Hanh, with the following content: Ms. Vo Thi Thuoc disputed the right to use the land area of 125m2 that was measured and included in the land plot currently used by Mr. Dinh Van Hanh, with the following boundaries: the North borders Mr. Dinh Van Hanh's land at 12.10m; the South borders the hamlet road at 11.5m; the East borders Mr. Vo Huu Sau's land at 11.30m; the West borders the road to Ms. Le Thi Thi's house (Mr. Sau's mother) at 12.10m. This land area is located in plot No. 167, area 435m2, map sheet No. 3, survey map according to Directive No. 299/TTg (the remaining area of plot 167, survey map according to Directive 299/TTg is being used by Mr. Vo Huu Sau). Ms. Vo Thi Thuoc requests the State to recognize the right to use the above 125m2 of land for her family.
According to the results of land dispute settlement by competent authorities and the inspection and verification reports of relevant levels and sectors, the Provincial People's Committee issued Decision No. 1947/QD-UBND.KT concluding the case as follows:
- Ms. Vo Thi Thuoc's request for the State to recognize the right to use an area of 125 square meters of land (actual land area is 122.13 square meters) located in plot number 167, map sheet number 3, survey map according to Directive 299/TTg for her family is not valid, because:
+ The land area of 125m2 (actual land area is 122.13m2) is located in plot number 167, map sheet number 3, survey map according to Directive 299/TTg, originally left to Ms. Vo Thi Thuoc by her parents before 1983, but in fact, Ms. Vo Thi Thuoc did not use the land from 1983 until a dispute arose over land use rights (in 2005).
+ Ms. Vo Thi Thuoc did not declare and register land use rights, did not fulfill financial obligations as prescribed for the land area of 125m2 (actual area is 122.13m2), plot number 167, map sheet number 3, survey map according to Directive 229/TTg.
- The Chairman of Do Luong District People's Committee's recognition of the right to use the land area of 125m2 (actual land area is 122.13m2) located in plot number 167, map sheet number 3, survey map according to Directive 299/TTg for Mr. Dinh Van Hanh's household is well-founded, because:
+ The land area of 125m2 (actual land area is 122.13m2) is located in plot number 167, map sheet number 3, the survey map according to Directive 299/TTg, which originated from the Alliance Cooperative and was divided for Mr. Dinh Van Hanh to use since 1987;
+ In fact, Mr. Dinh Van Hanh used the land stably and continuously from 1987 to 2005 (the time the dispute arose) for the purpose of growing annual crops (agricultural land).
- The Chairman of Do Luong District People's Committee's settlement of the land use rights dispute between Ms. Vo Thi Thuoc and Mr. Dinh Van Hanh in Decision No. 179/QD-UBND dated January 25, 2013 is in accordance with regulations.
Based on the above, it is decided:
- Uphold Decision No. 179/QD-UBND dated January 25, 2013 of the Chairman of Do Luong District People's Committee on resolving the land use rights dispute between Ms. Vo Thi Thuoc and Mr. Dinh Van Hanh.
- Resolve the land use rights dispute between Ms. Vo Thi Thuoc and Mr. Dinh Van Hanh as follows:
+ Not recognizing the right to use the area of 125.0m2 (actual area after inspection is 122.13m2) located in plot number 167, map sheet number 3, survey map according to Directive 299/TTg for Ms. Vo Thi Thuoc.
+ Recognize the right to use an area of 125m2 (actual area after inspection is 122.13m2) located in plot number 167, map sheet number 3, survey map according to Directive 299/TTg for Mr. Dinh Van Hanh's household; the recognized land type is agricultural land.
+ The decision takes effect from the date of signing. Within 30 days from the date of receipt of this decision, the disputing parties have the right to appeal to the Minister of Natural Resources and Environment or file a lawsuit at the People's Court according to the provisions of Article 264 of the Law on Administrative Procedure.
Provincial People's Committee
